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National Consumer panel upholds Ahmedabad consumer body plea

"Power of Attorney (POA) holder is entitled to file a complaint under the Consumer Protection Act."

Ahmedabad, Jan 5 (IANS) In a landmark judgement, the National Consumer Disputes Redressal Commission has directed an insurance firm to pay a man Rs.10,000 as damages for a malfunctioning television set, though the petition was rejected earlier because the man's parents had filed the complaint on his behalf, armed with a power of attorney.

The India Assurance Co. Ltd will also have to pay the Durga Dalal an interest of 10 percent per year on the amount, starting Jan 1, 2003, the New Delhi-based commission ruled.

Local consumer forums here had rejected the complaint earlier because someone armed with a power of attorney (POA) had filed it.

There is a legal debate in Indian courts on whether POA holders can file a case on the behalf of a victim.

The panel, which was deciding on a "revision petition" filed by Consumer Education and Research Society (CERS) here, held that a POA holder was entitled to file a complaint under the Consumer Protection Act.

Earlier, the district forum here had dismissed the complaint as "non-maintainable" on this ground. The Gujarat State Commission had also held that that the case did not stand. But the commission set their orders aside.

The parents of Durga Dalal alleged that the television had broken down suddenly and the insurance company was bound to reimburse consumers on the basis of a household policy. Durga had bought the TV set.

On July 30, 2002, his parents filed a claim for Rs.30,000. When the insurance company did not pay, they approached the district forum.

The insurance company held it had offered to pay Rs.10,000, though its surveyor had reported that the TV set was very old and valued at Rs.8,500-9,500. It also said the damage was caused by wear and tear that was not covered under the scope of the insurance policy.

The National Commission said the state commission and the district forum had taken "an over-technical view" in dismissing the complaint by "holding that father/mother of an aggrieved person or his power of attorney was not entitled to file a complaint under the Consumer Protection Act 1986".

"This is erroneous," the National Commission observed. "It is to be reiterated that under the Act, technicalities are not to be encouraged because the only procedure prescribed under the Act, is to follow principles of natural justice and to decide the matter after hearing both parties."

Indian judiciary - a time for introspection

By Rebecca Mammen John

The function of the judiciary is not to stand itself against the policy and politics of majority rule. Courts are there to test the validity and constitutionality of the actions of the state.

Judicial activism in India is again in the net of criticism with the Supreme Court making observations on its overreach, with references to several orders passed in relation to the demolition of unauthorised constructions, nursery admissions, air pollution, motor vehicle fines and so on.

In the past, the Supreme Court has clarified that policy decisions are the prerogative of the executive. Yet courts routinely pronounce verdicts on policy matters that require no legal or constitutional interpretation.

Recently, the Delhi High Court issued a notice on a self-serving petition filed by some South Delhi Residents Associations, wanting the Delhi Metro to go underground, notwithstanding the heavy cost involved. Clearly, the evidence of judicial overreach is now too obvious and pronounced to be ignored; hence the observations of the Supreme Court need to be welcomed.

Often judicial intervention causes more havoc than the policy it seeks to correct. Take the example of the Monitoring Committee set up by the Supreme Court in the drive to seal unauthorised commercial establishments in the national capital. There cannot be any doubt that the committee's work as some sort of parallel executive body has only served to intensify the conflict between the judiciary and the executive.

Judicial interventions in policy related matters must be few and far between and must fall within the parameters and ambit of law. The judiciary is not an elected or representative body, in touch with the people, and judges have hardly any experience in matters relating to public health, education and poverty alleviation programmes. Policymaking is best left to the executive. That is why the judiciary must know its limits and must not try to run the government

This is not to say that courts must not intervene to enforce the rule of law. The timely intervention of the Supreme Court in the extra judicial execution of Sohrabuddin Shiekh and his wife Kauser Bi in Gujarat in November 2005 by three senior Gujarat police officials has brought increased spotlight on clandestine extra judicial executions and encounter deaths across the country. A contempt notice has even been issued against Narendra Modi for his recent utterances in an election rally in Gujarat justifying the Sohrabuddin encounter death.

It is the job of the judiciary to promote, safeguard and protect the fundamental rights of citizens enshrined in the constitution. In this context "social action litigation", like the one seeking rehabilitation of the widows of Vrindavan, as opposed to "public interest litigation", like the one seeking the court's intervention in the traffic chaos at Thane in Maharashtra, needs to be promoted, thus drawing the line between social issues and those that can be solved easily by the executive.

Little has been done to discipline trigger-happy judicial officers manning the subordinate judiciary. Non-bailable warrants of arrest are routinely issued in frivolous prosecutions initiated by persons of questionable credentials. This brings us to examine an issue of great significance to the Indian judiciary - the issue of "Lesser Men" occupying judicial posts.

Recently the Delhi High Court had occasion to reprimand a junior judicial officer for insubordination and failure to follow the law. The judge was asked to undergo a refresher course at the Delhi Judicial Academy. What remains to be seen is how this judge's performance is monitored in future and whether he benefits from the public reprimand he received.

Transparency International India, a forum registered under the Societies Registration Act 1860, Delhi, in its report on the judicial system recommended the need to monitor the quality of judges and their judgments and the need to screen judicial appointments, making them more transparent and merit based. At present, the high courts are constituted of judges appointed from the bar and promoted from the higher subordinate judiciary.

Inevitably, promotee judges are appointed on the basis of their seniority in the cadre, which as a policy needs to be urgently reviewed. It is imperative that all judicial appointments are based on experience and performance and a solely seniority based collegium is not a good innovation. Regrettably, the selection and appointment of judges is not based on socially sensitive, honest and democratic considerations. Authority without virtue is dangerous and this makes the question of transparency in the appointment process real and urgent.

Earlier this year a parliamentary standing committee, chaired by E. M. Sudarsana Natchiappan, stated that "to meet the ends of social justice and equity," the quota for the Scheduled Cates, the Scheduled Tribes and Other Backward Classes (OBCs) should be extended to the higher judiciary. While reservation has become an extremely contentious and divisive issue today, it is nonetheless important to deliberate on this suggestion.

Significantly the South African interim constitution mandated the creation of a Judicial Services Commission (JSC) for purposes of selecting and recommending persons to the higher judiciary. Section 174(2) of the South African Constitution states: 'The need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed'.

One important factor that guides the JSC is diversity, which is a quality without which a court is unlikely to do justice to all citizens of the country. Diversity is not treated as an independent requirement, superimposed upon the constitutional requirement of competence, but rather as a 'component of competence'.

While in India the present mode of selection of Judges to the higher judiciary ensures the independence of the institution, it does not address the issue of diversity. Instead of following the thorny route of reservation it would be beneficial to consider the creation of a Judicial Commission that would play a role in the appointment process and also ensure that diverse groups including gender, region, caste, religion, disability etc. find representation in the higher judiciary. This can only strengthen the faith and confidence of the people in the judicial process.

The judiciary also needs to introspect and self-regulate. There is a considerable body of opinion that subscribes to the view that when concerns are raised about the conduct of a high judicial functionary, it is within the public domain to seek an impartial inquiry into the correctness or otherwise of the allegations.

Corruption in the judiciary corrodes the rule of law. Allegations of corruption against a judge should be rigorously investigated and judges should receive limited immunity for actions relating to judicial duties. The biggest setback received by Indian democracy in the year 2007 was the unwillingness of the judiciary to initiate a fair and impartial inquiry into the concerns raised about a former chief justice's conduct.

Such an inquiry would have done much to alleviate the public's confidence in the Judiciary and would have even given an opportunity to the Judge to put to rest any concerns that the public had with regard to his alleged conduct. Instead, the Judiciary reacted petulantly and sentenced four Journalists of 'Midday' for contempt of court. No attempt was made to inquire into the truth of the charges. The Delhi High Court took suo motu cognizance of the new reports published in 'Midday' accusing the former chief justice of India of nepotism and ruled that the publication of the reports scandalized the judiciary and was nothing short of contempt.

In a democracy, it is inevitable that institutions should evolve with the passage of time and part of that process of evolution is questioning the manner in which institutions function. The year 2007 has seen more of those questions being asked than any real evolution.

(Rebecca Mammen John is a criminal lawyer practising in Delhi High Court. She can be reached at rebeccamammen@gmail.com )

Kiran Bedi's resignation accepted

New Delhi, Dec 26 (IANS) After sitting over it for nearly one and a half months, the government Wednesday accepted the voluntary retirement plea of India's first Indian Police Service (IPS) officer Kiran Bedi.


The government decided to relieve Bedi, who was holding the post of the director general of Bureau of Police Research and Development, from her duties immediately.

According to sources the union home ministry has decided to relieve Bedi from her duties as early as Monday.

"I have received the letter relieving me from the government," Bedi told IANS, confirming the government order. She has already given up her charge at the bureau.

Bedi was clearly irked over being bypassed for the post of Delhi Police chief after Y.S. Dadwal, two years her junior, was preferred this July.

"If the government thought that I was dispensable for the post of Delhi's commissioner of police, I think I am dispensable for any other government job," Bedi had told IANS earlier.

Magasaysay Award winner Bedi had submitted her voluntary retirement application Nov 15, saying she wanted to quit to pursue her "strong academic and social interests".

The home ministry had indicated last week that it wanted Bedi at its proposed 'national police mission' project, but she said she was not willing to work "for the government" any more.

A 1972-batch IPS officer, Bedi was keen to take charge of the Delhi Police, which she has served in various capacities.

A law graduate from Delhi University, Bedi is also a former all-India and all-Asia tennis champion.

Bedi became a household name in the Indian capital when she took charge of Delhi Traffic Police, earning in the process the sobriquet "Crane Bedi" because of her penchant for using cranes to remove vehicles parked illegally.

She then went on to hold several posts, including deputy inspector general of police in Mizoram, inspector general of police in Chandigarh, director general of Narcotics Control Bureau, inspector general of police at Tihar Jail, and back at Delhi Police, joint commissioner of training and special commissioner in charge of intelligence.

She earned worldwide fame for her efforts to reform Delhi's Tihar Jail.

She also went on deputation to the United Nations.

Court summons Amarinder, others in corruption case

Ludhiana, A district and sessions court here Monday issued summons to former Punjab chief minister Amarinder Singh and 34 others in the corruption case filed against them by the Punjab Vigilance Bureau in the Ludhiana City Centre scam.

Amarinder Singh, his son Raninder Singh, son-in-law Raminder Singh, former minister Jagjit Singh and others have been asked to appear before the court of Judge G.K. Rai Jan 10. The vigilance department, in a charge sheet submitted before the court recently, had named 36 people in the case. Of them, Ludhiana improvement trust (LIT) chairman Paramjit Singh Sibia, who allotted the multi-billion project to the Delhi-based Today Homes and infrastructure company, has already been declared an absconder by the court.

Amarinder Singh, who headed the Congress government as chief minister till February, has been accused of favouring Today Homes in the allotment of the project - touted to be the biggest shopping and commercial mall in Asia. Work on the project has been stalled after the Akali Dal came to power in the state.

The vigilance has claimed that favours shown to the company cost the state a whopping Rs.30 billion. Earlier this year, vigilance officials questioned the former chief minister for nearly seven hours. His son Raninder and son-in-law Raminder have also been questioned.

Amitabh Bachchan gets clean chit in land scam

Lucknow, Dec 11 - The Allahabad High Court Tuesday gave a clean chit to Bollywood actor Amitabh Bachchan in the Barabanki farmland scam.

Bachchan had challenged the order of the Faizabad additional commissioner who had dismissed his petition relating to purchase of government farmland at Daulatpur village in Uttar Pradesh`s Barabanki district by claiming to be a farmer.

The Uttar Pradesh government had alleged that Bachchan had committed fraud by claiming that he was a resident of 17, Clive Road, Allahabad, while filing his application for allotment of farmland.

The Faizabad additional commissioner had ruled that the 1993 Barabanki land transfer in Bachchan's name was illegal. - IANS

Supreme court in self-doubt after 'judicial activism' ruling

New Delhi, Dec 11 (IANS) A day after a Supreme Court bench cautioned the judiciary against indulging in judicial activism, the apex court Tuesday virtually found itself gripped by self-doubt over its power to entertain public suits.

The court's self-doubt was evident from the decision of a bench to refer to a larger bench a Public Interest Litigation on the legal status of sex workers.

"In view of yesterday's judgment (by the bench of Justices A.K. Mathur and Markandey Katzu), this matter be referred to a larger three-judge bench to be examined if it could be heard by us," said the bench of Justices S.B. Sinha and H.S. Bedi, while refusing to further adjudicate the PIL filed by a non-governmental organisation Prajawala.

The suit had sought the court's direction to the government to treat sex workers, held under the Suppression of Immoral Traffic Act (SITA), as a victim of the crime rather than an accused. The PIL has also demanded a ban on arrest of such victims.

The bench of Justice Sinha referred the matter to a larger bench mid-way through its adjudication. The bench had been hearing the PIL for quite some time.

With Justice Sinha's bench referring the PIL to a larger bench "in view of" Monday's ruling on judicial activism, the controversial ruling itself stands referred to a larger bench for legal scrutiny.

In an apparently candid mood of self-introspection, the bench of Justice Mathur and Justice Katzu had cautioned the judiciary to refrain from encroaching upon the domains of the legislature and the executive saying otherwise politicians will curtail its power and independence.

"If the judiciary does not exercise restraint, there is bound to be a reaction from politicians and others. The politicians will step in to curtail its power and independence," the bench had apprehended Monday.

Justice Katzu had on an earlier occasion made an equally controversial remark about "hanging the corrupt by the nearest lamppost".

The observation had triggered a debate in the legal circles over the desirability of judges' making exaggerated and hyperbolic observations in courts.

The bench of Justice Mathur and Justice Katzu, in its ruling delivered Thursday but released Monday, observed, "In the name of judicial activism, judges cannot cross their limits and try to take over functions which belong to another organ of the state."

"Judges must know their limits and must not try to run the government. They must have modesty and humility and not behave like emperors," the bench had said.

What has made the ruling all the more controversial is the fact that the bench has gone to the extent of questioning various Supreme Court judgements, delivered in past by benches headed by erstwhile chief justices, and has also virtually rendered illegal a host of recent decisions by the Delhi High court by its single 22-page judgement.

Bar Council should take note of latest BMW expose: Sorabjee

New Delhi, Dec 4 (IANS) Soli Sorabjee, former attorney general of India, Tuesday said the Bar Council should take "very serious note" of a TV news channel 's sting operation allegedly showing Sunil Kulkarni, the controversial key witness in the 1999 BMW hit-and-run, taking favours from defence lawyer R.K. Anand.

According to the expose by NDTV Monday, Kulkarni spent several months in Anand's farmhouse near Shimla eight years ago and enjoyed his hospitality after the January 1999 accident in which six people were killed.

Reacting to the report, Sorabjee said: "Let the Bar Council take not, the disciplinary committee be composed of senior advocates, whose eminence and impartiality is not in question. "At the same time, R.K. Anand must have confidence in the composition of the tribunal," he said, adding that he felt sorry that a good lawyer had to resort to all this. "I find it very disheartening and very disappointing and very unfortunate that he had ever to resort to this. But if things have come to this, then obviously it is unacceptable," he said.

Ramesh Gupta, one of the lawyers defending Sanjeev Nanda, the main accused in the case, said: "Kulkarni was dropped as a witness in the year 1999 itself. As far as he enjoying the hospitality of Mr Anand, I have nothing to say because I don't know anything about it." R.K. Anand, when contacted, refused to comment on the television expose.

Terming it "professional misconduct", a Bar Council member said it "cannot be tolerated by the legal fraternity". Speaking on condition of anonymity, he said that action would be taken against Anand if found guilty. He added that the Bar Council would take up the matter at the highest level and make sure the guilty is punished. However, some lawyers felt otherwise. "The TV channel report has not been proved yet. The courts will take appropriate steps and punish the guilty, be it Anand or the channel."

The channel in its sting had also claimed that Kulkarni, who has changed his version in court several times, acquired a driving licence in Himachal Pradesh in the name of Nishikant Sharma, giving R.K. Anand's Shimla address as his residence and showing him as his father. Sanjeev Nanda is the grandson of former naval chief Admiral S.M. Nanda.

Two Delhi doctors sentenced for negligence

New Delhi, Dec 3 (IANS) A city court Monday awarded two years' jail to an anaesthetist and a surgeon of a private hospital in Greater Kailash for a boy's death during an operation.

In a rare verdict, Metropolitan Magistrate J.P. Nahar held surgeon Omkar M. Parmar, 68, and anaesthetist N. Dutta, 73, guilty of the death of 13-year-old Gaurav Batra at Sukhda Hospital of Greater Kailash in 1995.

They were sentenced under section 304 A (causing death by rash and negligent act) of the Indian Penal Code.

Rejecting the doctors' plea for leniency, the court said the complainant parents had lost their only child due to their negligent acts. The court also fined the two doctors Rs.10,000 each.

However, the court later granted them bail on a surety bond of Rs.15,000 each.

"Bail bonds are furnished and are accepted till Dec 29 and both the convicts will have to surrender by 10 a.m. on the same day if they fail to obtain bail from the appellate court," the court said.

Victim Gaurav, who was advised surgery for tonsillitis, was operated upon for his ailment after being admitted in the hospital on June 13, 1995, the prosecution said.

However, his parents panicked when he did not gain consciousness even after being under observation for hours in the hospital.

They made several phone calls to doctors Parmar and Dutta to come and attend to their son but they failed to do so and the boy died, the prosecution alleged.

Supreme Court refuses to restore ousted AIIMS director

New Delhi, Dec 3 The Supreme Court Monday refused to restore the services of eminent cardiologist P. Venugopal as AIIMS director, saying it was "finding it difficult" to suspend the law fixing the retirement age for the post.

A bench of Justice Tarun Chatterjee and Justice Dalveer Bhandari could not provide legal reprieve to the former head of the All India Institute of Medical Sciences (AIIMS), even as it said: "We are with Dr. Venugopal on the facts of the case.

"It (the bench) is, however, finding it difficult to suspend the law," the bench added.

Venugopal had challenged the amendments in the law on AIIMS, which President Pratibha Patil approved Friday. The health ministry immediately removed him as director and appointed T.D. Dogra in his place.

The law - All India Institute of Medical Sciences, New Delhi, and Post Graduate Institute for Medical Education and Research, Chandigarh (Amendment) Act, 2007 - limits the tenure of the directors of the two institutes to a maximum of five years or till they reach the retirement age of 65, whichever is earlier.

The new law was viewed as a move by Health Minister Anbumani Ramadoss to remove Venugopal, with whom he has been involved in a bitter turf war. Venugopal, a noted cardiologist who has been associated with AIIMS for 42 years, is over 66 years of age.

According to the provisions of the original law passed in 1956, AIIMS directors are appointed for a fixed tenure of five years, irrespective of their age. Venugopal was named director in July 2003 at the age of 62 and was due to retire in July 2008 at the age of 67.

While refusing to grant any reprieve to Venugopal, the bench, however, restrained the government from tinkering with the tenure of the newly appointed AIIMS director, who too does not happen to be on the best of terms with Ramadoss.

The bench restrained the government from acting against the new director on the apprehension of Venugopal's counsel Fali S. Nariman and Arun Jaitley, who told the court that even Dogra had been suspended by this government last October but was reinstated later on the orders of the Delhi High Court.

While refusing to suspend the amendments, the bench agreed with Additional Solicitor General Gopal Subramanian's contention that "a parliamentary law cannot be rendered illegal on the grounds of malafide" of the government.

"The allegations of malafide (by the government) in passing the law cannot be transferred to parliament," contended Subramanian.

The government's law officer, however, had to face quite a few grilling questions from the bench.

"Can a law be passed to target a single individual?" asked the bench.

Subramanian replied that the government had enacted the law as per a Delhi High Court ruling last October, which had asked the government to enact a proper law governing the tenure of the AIIMS director and save it from the prospects of litigations and enhance its prestige.

At this, Nariman contended that the ruling, on the grounds of which the government was justifying the law, had been challenged by the government itself before the apex court.

He contended that by enacting the law, the government has encroached upon the domain of the judiciary, ignoring the principle of separation of powers in the parliamentary democracy.

Making a fervent plea to suspend the law, Jaitley pointed out to the court that this law would be applicable to only one person, namely Venugopal. - IANS

Lawyers to protest against sentencing

New Delhi - A day after 19 lawyers were sentenced to six months' rigorous imprisonment by a city court for flouting a high court directive, the Delhi Bar Association said on Saturday it would boycott the court of the judge who pronounced the judgement.

The Delhi Bar Association has asked the lawyers fraternity to boycott the court of Metropolitan Magistrate Sandeep Yadav at Tis Hazari.

"We have decided to protest on Monday by wearing red badges, but we will work so that ordinary people don't suffer because of us," said R.N. Vats, secretary, Delhi Bar Association.

He said they would make a representation before a Delhi High Court committee in order to sort out the matter.

On Friday, Yadav held the lawyers guilty of flouting a high court order in 2005 not to go on strike and sentenced them to a maximum punishment of six months. However, all got bail soon after the verdict.

On Feb 11, 2005, the lawyers had walked down from the court to the Civil Lines to protest shifting of some lawyers and courts from the Tis Hazari court complex to the new Rohini complex.

The Delhi High Court had booked the lawyers under section 144 of the Indian Penal Code (joining unlawful assembly). The 19 lawyers were in police custody for six days before being released on bail.

Make delivery of justice affordable to all: president

New Delhi, Nov 24 The concept of social and economic justice may not mean much to the poor, President Pratibha Patil said Saturday, calling for making the delivery of justice affordable to all.

"There are a large number of people living below the poverty line in the country," said Patil and asked, "What does social and economic justice mean to them?"

Patil made the remark while addressing a gathering of international legal luminaries and jurists on the occasion of National Law Day function. Chief Justice K.G. Balakrishnan also attended the gathering.

"In a country with the size and magnitude of India, there remain many challenges in providing social justice as well as justice to the marginalized sections of the society," Patil said.

"High cost of judicial remedy is a cause of concern that needs rectification."

Towards that end, the president exhorted lawyers and jurists "to contribute to helping the needy who knock on the door of justice".

"Alternative dispute settlement systems need to be encouraged," she added.

She also wanted the courts "to make legal procedures as simple as possible to help common citizens gain access to it".

The president noted the existence of an institutional mechanism for providing legal help to the poor, but she said the quality of free legal aid is not up to the mark.

"Even though free legal aid is guaranteed for the weaker section of the society, it should be remembered that the quality of legal aid plays a very important role," the president observed.

Patil expressed concern at the inordinate delay in adjudicates of cases by the judiciary and said: "Sometimes justice delayed can become justice denied, and hence the need to ensure speedier disposal of cases.

"Justice should not only be done but it must also be seen to be done," she said.

Chief Justice Balakrishnan dwelt upon the intrinsic quality of the Indian constitution that he said had helped India weather many crises without affecting its rule of law and its vibrant democratic system of governance.

He said that after winning freedom from colonial rule, many countries had started out as a democracy, but they were not able to sustain that form of governance because they did not have a fine constitution like India's to support them in the hour of crisis

Delhi High Court to decide on trying Karunanidhi

New Delhi, Nov 22 The Delhi High Court Thursday called for documents from a trial court that had dismissed a petition seeking action against Tamil Nadu Chief Minister M. Karunanidhi for his controversial remarks on Hindu god Ram. Justice B.B. Gupta directed the lower court to submit the documents by Dec 11 to decide whether or not a case was made out. Advocate and petitioner Monika Arora challenged the decision of the district court before the high court saying that the trial court judge had erred in appreciating the evidence produced in the petition. The petition said Karunanidhi had hurt the sentiments of millions of Hindus by making derogatory statements against lord Ram and he should be punished in accordance with law. "He also described lord Ram as a mere myth having no roof of his existence," said the petition. During the height of the controversy earlier this year on the construction of the Sethusamudram shipping canal, the DMK chief had ridiculed some Hindu groups for opposing the project and also made controversial remarks against lord Ram in a public statement at Chennai on Sep 21.

CBI probe into irregular allotment of Noida plots upheld

New Delhi, Nov 22 (IANS) The Supreme Court Thursday upheld an order for a Central Bureau of Investigation (CBI) probe into the irregular allotment of 1,250 residential plots in Noida to a host of prominent personalities in 2005.

Upholding an October 2005 ruling of the Allahabad High Court, a bench of Justices H.K. Sema and Aftab Alam also endorsed the cancellation of plots and holding of a fresh draw.

In late 2004, the Noida Authority had mooted a housing scheme for common citizens of the country and had invited applications for the allotment of 1,250 plots - of various sizes ranging from 100 sq m to 500 sq m in various sectors in the satellite town on the outskirts of the national capital.

The application fee for the applicants was fixed at Rs.100,000 or more depending upon the size of the plot. There was overwhelming participation with a million applicants.

The draw for allotment was supposed to be held within three months of the last date of application, Dec 31, 2004. But when it was eventually held after repeated postponements, only the influential from amongst the executive, the legislature and the judiciary and a few from the media could make it.

People who were allotted the plots included former chief justice of India Y.K. Sabharwal's daughter-in-Law Sheeba Sabharwal, Samajwadi Party MPs Toofani Saroj, Rewati Raman Singh, Rasheed Masood and Jai Prakash.

Others included state legislators, senior bureaucrats, police officers and lawyers.

Following a hue and cry in the media, Noida Authority cancelled the entire allotment. On some public interest lawsuits, the Allahabad High Court ordered a CBI probe into the matter to fix the criminal liability of officials and politicians in the scam.

Supreme court refuses to interfere with judicial service exam

The Supreme Court Wednesday refused to entertain a plea seeking a change in the age criteria for candidates appearing for the Uttar Pradesh Higher Judicial Service examination.

A bench of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal refused to entertain the plea, saying the bench would not interfere in the matter on the eve of the examination - beginning Friday.

The petition was filed by a candidate, Sanjay Aggarwal. His counsel Jasbir Singh Malik argued that a 2007 amendment to the 1975 rules for the Uttar PradeshHigher Judicial Service provided that the candidate must have seven years of experience as a practicing lawyer to appear for the examination.

The rules, however, stipulated that to appear in the examination being held in 2007, the candidate should complete seven years of experience on a date in 2008.

Counsel told the bench that the Allahabad High Court had earlier struck down the rule, saying that it violated the constitutional provisions for appointment in judicial services.

But, later on an appeal by the Uttar Pradesh government, the Supreme Court suspended the high court's ruling, Mailk said, pleading that the suspension be revoked.

But the bench refused to accede to his plea.

Sentencing in Uphaar case Friday

New Delhi, Nov 22 (IANS) A city court will pronounce sentences on the 12 convicts, including real estate barons Sushil and Gopal Ansal, in the Uphaar cinema hall fire tragedy case Friday afternoon.

After hearing the arguments from both sides Thursday, Additional Sessions Judge Mamta Sehgal said she would pronounce the sentences at 3 p.m. Friday. The 1997 fire in the south Delhi cinema hall had claimed 59 lives.

Prem Kumar, counsel for Gopal Ansal, continued his arguments over the quantum of sentence as they remained inconclusive Wednesday. He stated that his client was innocent as he was not directly involved in the tragedy.

He also pleaded that a person could be reformed even without putting him behind bars, adding that Gopal and Sushil Ansal have contributed a lot to the country's economy and as civilized citizens should be released on probation.

The Central Bureau of Investigation's counsel Vikas Bawa expressed his wish to argue on the quantum of sentence, but the court refused to hear them. He later submitted a written submission to the court.

For Neelam Krishnamurthy, who lost her two children in the fire, it was like light at the end of a tunnel after leading a legal battle for the past 10 years.

"I am feeling very nervous now. I want the accused to be given the maximum punishment as they have taken 59 innocent lives. I will not be able to sleep tonight and am eagerly waiting for tomorrow's judgement," she said.

The court has convicted theatre owners Sushil and Gopal Ansal under various sections of the Indian Penal Code (IPC) -- 304 A (causing death by negligence), 337 (causing hurt by act endangering life), 338 (causing grievous hurt by act endangering life) -- and section 14 of Cinematographic Act. Similar charges were imposed on N.D. Tiwari and Shyam Sunder Sharma.

The other convicts are Radhakrishnan Sharma, Nirmal Singh Chopra, Ajit Chaudhary, Manmohan Unniyal, Brij Mohan, Anand Kumar Gera, Vir Singh and Har Swaroop Pawar. They were convicted under section 304 (culpable homicide not amounting to murder) of the IPC, read with section 36.

Originally, 16 people were named accused in the case, but four of them have died in the last 10 years.

In a strange sideshow, just before the court proceedings could start Thursday, a man came and submitted a written statement claiming that the Uphaar fire tragedy was not caused by human negligence but by the US military force, which used satellite-based laser weapons.

In his application, a copy of which is with IANS, Rajat Bobal stated that it was a well-thought out agenda of "ethnic cleansing of Hindus and destroying India". "The US military has indulged in such acts and caused fires across India in houses, industries and commercial buildings," he told the court.

The court refused to admit the application, stating it should have been submitted earlier.

Three jurists seek dismissal of high court judge

New Delhi, Nov 16 (IANS) Levelling serious allegations of corruption against a sitting high court judge, three eminent jurists Friday urged leaders of all political parties to initiate parliamentary proceedings for his dismissal.

In a jointly signed statement, former law ministers Shanti Bhushan and Ram Jethmalani and constitutional expert Fali S. Nariman accused Justice Jagdish Bhalla of the Chhattisgarh High Court of serious judicial impropriety and misconduct and levelled serious charges of corruption against him.

In their statement, to be sent to leaders of all political parties, the three jurists said it should be signed by their parliamentarians to set in motion the parliamentary process of impeachment of Justice Bhalla, who is now tipped to become Chief Justice of the Himachal Pradesh High Court.

They have alleged that Justice Bhalla, utilizing his influence, procured at a throwaway price a huge piece of land measuring 7,200 sq m in a posh locality of Noida on the outskirts of the national capital.

The three jurists, who had documentary evidence as proof, said the land bought by Justice Bhalla in the name of his wife Renu Bhalla was actually government land, grabbed by a land mafiaso.

They said land shark Moti Goel had sold several pieces of illegally grabbed land to many influential people, including Justice Bhalla, to evade the law. The land that Goel sold to Justice Bhalla's wife for a mere Rs.500,000, is officially worth Rs.72 million.

They said as a senior judge of the Lucknow bench of the Allahabad High Court, Bhalla had helped Reliance Energy get a favourable judicial verdict because his son Arohi Bhalla represented Reliance Energy as its legal counsel.

Another allegation was that Bhalla utilized his influence to have several plots allotted to his relatives in Lucknow's posh localities.

The three jurists supported their allegations with documentary evidence.

As per prevalent laws, a sitting judge of the higher judiciary can be removed from service only through a cumbersome parliamentary proceeding of impeachment, which can be set in motion only after a requisite number of MPs sign a memorandum seeking his removal.

The memorandum then has to be presented to the Lok Sabha speaker or the Rajya Sabha chairman, who, in turn, constitutes an enquiry committee to probe the authenticity of the charges.

Once this committee recommends removal of the judge, it has to be passed by two-thirds majority of parliament members, present and voting in the house on the motion for dismissal of the judge.

In Britain, it is illegal to die in parliament

London, Nov 7 (IANS) Did you know that there is a law in Britain that prohibits people from dying while in the houses of parliament? That law has topped the list of the most ludicrous pieces of legislation in a poll held by a television channel.

The law that won the dubious second place states that it amounts to treason if you use a postage stamp upside down. Nearly 4,000 people selected the ludicrous laws from a shortlist of bizarre rules in the poll conducted by UKTV Gold.

Experts say that the law that prohibits people from dying while in the Houses of Parliament is actually a bizarre misunderstanding of a genuinely anachronistic law still on the statute books.

The 1887 Coroners Act, re-enacted by the 1988 Coroners Act, created a separate Coroner of the Queens Household. He still has to hold the inquest into the death of anyone whose body is lying "within the limits of any of the Queen's palaces; or within the limits of any other house where Her Majesty is then residing".

As parliament is still classed as a royal palace, any death of an MP would in theory have required members of the royal household to sit as the coroner's jury. As this would have raised all sorts of questions of parliamentary privilege, the polite convention arose that no parliamentarian dies until they are safely in the ambulance to a hospital.

A total of 27 percent of those questioned thought the law against dying in the houses of parliament was the most absurd, while seven percent voted for the legislation banning placing postage stamps upside down.

In third place, with six percent, came a law stating that only a clerk in a tropical fish store has permission to be topless in public in Liverpool. The BBC reported that other lesser-known laws making the top 10 included one banning eating mince pies on Christmas Day and another stating it is illegal to enter the houses of parliament wearing a suit of armour.

Last year, the Law Society revealed other bizarre laws that are still in existence on the statute book. They included a ban on firing a cannon close to a dwelling house (Met Police Act 1839); a ban on the use of any slide upon ice or snow (Town Police Clauses Act 1847); and the prohibition of driving cattle through the streets of London (Metropolitan Streets Act 1867).

The top 10 most ridiculous British laws listed in the polls were:

1. It is illegal to die in the Houses of Parliament (27 percent)
2. It is an act of treason to place a postage stamp bearing the British king or queen's image upside-down (seven percent)
3. It is illegal for a woman to be topless in Liverpool except as a clerk in a tropical fish store (six percent)
4. Eating mince pies on Christmas Day is banned (five percent)
5. If someone knocks on your door in Scotland and requires the use of your toilet, you are required to let them enter (four percent)
6. In the UK a pregnant woman can legally relieve herself anywhere she wants, including in a policeman's helmet (four percent)
7. The head of any dead whale found on the British coast automatically becomes the property of the King, and the tail of the Queen (3.5 percent)
8. It is illegal not to tell the taxman anything you do not want him to know, but legal not to tell him information you do not mind him knowing (three percent)
9. It is illegal to enter the Houses of Parliament wearing a suit of armour (three percent)
10. It is legal to murder a Scotsman within the ancient city walls of York, but only if he is carrying a bow and arrow (two percent)

By Prasun Sonwalkar

Consumer Court asks ICICI Bank to pay 55 lakhs

New Delhi, Nov 5 (IANS) Coming down heavily on ICICI bank for employing goons to beat up a consumer for recovery of a loan, a consumer court here has fined the bank Rs.5.5 million.

The Delhi Consumer Commission passed the ruling while ordering the bank to pay Rs.500,000 compensation to a consumer who was beaten up by recovery agents who took away a loaned car from him.

"No civilised society governed by rule of law can brook such kind of conduct," the commission's president Justice J.D. Kapoor said, describing the methods adopted by the recovery agents as a serious violation of human rights.

The commission held the bank guilty of "unfair trade practice" and expressed its ire on it for flouting the Supreme Court's direction that restrained financial institutions from employing musclemen to recover loans.

The commission issued notices to ICICI and the CEO of the recovery agency, seeking explanations for violation of the apex court's directions.

Its order came while hearing a complaint by Tapan Bose, whose loaned car was taken away by recovery agents after they beat up his friend's son with iron rods on Jan 8, resulting in serious injuries.

Supreme Court issues notices to Karunanidhi, Baalu

New Delhi, Oct 29 (IANS) The Supreme Court Monday issued notices to Tamil Nadu Chief Minister M. Karunanidhi and Union Surface Transport Minister T.R. Baalu among others for defying the court orders against a shutdown in the state Oct 1.

The notices were issued on a petition by the AIADMK seeking initiation of contempt of court proceedings against the two.

The shutdown was called by DMK on Oct 1 in support of the Sethusamudram canal project, aimed at building a shorter navigational route for ships.

Hindu groups and the Bharatiya Janata Party (BJP) have protested the cutting of the Rs.240 billion canal through a geographical formation known as Adam's Bridge or Ram Sethu, which they believe was built during Hindu god Ram's time.

Supreme Court chides judge ordered back to law school

New Delhi, Oct 26 (IANS) Additional Sessions Judge Rakesh Tewary, who was ordered early this month to go back to law school to learn the basics, was Friday chided by the Supreme Court for approaching it against the high court order.

A bench of Chief Justice K.G. Balakrishnan castigated ASJ Tewary for "showing his magistracy" for which he was ordered Oct 5 by Justice V.B. Gupta of the high court to undergo a refresher course at the Delhi Judicial Academy for at least three months to learn the basics of criminal law.

"That's a strange way to show your magistracy," Chief Justice Balakrishnan said, castigating counsel for Tewary as he pleaded to the court to expunge the high court's remarks against his client and stall its order.

Even Justice V.S. Sirpurkar, the other judge on the bench, voiced his ire over Tewary for declaring a person, allegedly involved in power theft in the capital, as a proclaimed offender, remarking, "It's atrocious."

"Don't you know that declaring a person a proclaimed offender has serious civil consequences," remarked the bench, which also included Justice R.V. Raveendran.

The bench, however, in a temporary reprieve to Tewary, stayed the high court's order for a fortnight and asked him to go back to the high court for getting its remarks against him expunged.

While ordering Tewary back to law school, Justice Gupta had in his order said, "Since ASJ Tewari does not have even elementary knowledge of the Criminal Procedure Code, it would be appropriate if he undergoes a refresher course at the Delhi Judicial Academy for the law at the earliest for three months."

Irked over a wrong judgement given by Tewary, Justice Gupta had said, "It also seemed he did not know that the subordinate courts are constitutionally bound by the decisions of the high courts."

Tewary had earned the high court's wrath while dealing with the case of one Rohit Kumar, who was accused of power pilferage and had been declared a proclaimed offender by the lower court even as he was trying for bail to evade arrest under the orders of the trial court.

Declaring a person proclaimed offender leads to seizure and attachment of his moveable and non-moveable properties. A person is declared a proclaimed offender only after repeated attempts to arrest him fail.

In his petition to the Supreme Court, Tewary pleaded that the high court's order would do immense harm to his professional career and reputation. He pointed out that before his selection as additional sessions judge, he had worked for 13 years as a public prosecutor and used to teach at the Delhi Judicial Academy, the institution where he has been ordered to undergo a refresher course.

Tewary also contended that even it be assumed that the order passed by him was wrong, it did not imply that he had no elementary knowledge of law and needed to be sent back to law school.

"Day in and day out, judgements of the lower courts are reversed by the high courts and judgements of high courts reversed by the Supreme Court," said Tewary in his petition.

"But this does not imply that the judges, whose judgements are reversed, have no elementary knowledge of the law and need to be sent to the law school," he contended.

7,913 cases on "domestic violence" registered in One Year

As many as 7,913 cases have been filed since a law to protect women from domestic violence came into force a year ago, according to a national report released Friday.

'Staying Alive', as the report is titled, is the first monitoring and evaluation report of the Protection of Women from Domestic Violence Act (PWDVA) 2005.

The report states that the primary users of the law are married women. There are also a number of cases wherein relief has been granted to widows and daughters.

Compiled by the Lawyers Collective (Women's Rights Initiatives) (LCWRI), the report analyses data collected from the office of the Chief Justice of India, the ministry of women and child development and from organisations specifically working on the issue of domestic violence across the country.

"The compilation of the report and the conference is to be regarded as a first step towards evaluation and monitoring which should become an integral component in the implementation of this law," Indira Jaisingh, director of LCWRI, said at the release of the report.

While the most commonly granted relief is for maintenance, the second most commonly granted are residence orders and protection orders.

"There is an urgent need for adequate budgetary allocations to be made by the central and state governments to ensure the effective implementation of the PWDVA," Jaisingh said.

"There is also a need for coordination among different government departments, particularly the departments of women and child development, social welfare, home and law and legislative affairs.

"This is required in order to build a multi-agency response that is uniform across the country in the manner in which it offers relief to women facing domestic violence," she added.

Jaisingh also stressed that the police needed to be trained on providing information about the Act to women who approached them with complaints of domestic violence.

Team India in a legal tangle for 'insulting' tricolour

Lucknow, Oct 23 (IANS) They may have earned the sobriquet of conquerors of Twenty20 cricket. However, the Indian cricket team could be in the dock for allegedly "insulting" the national tricolour.

A petition has been filed before the Chief Metropolitan Magistrate of Kanpur raising serious objections against the alleged disrespect shown by the team members to the national flag.

While admitting the petition, the court has fixed Oct 25 (Thursday) for the hearing.

Not only Team India skipper Mahendra Singh Dhoni, but also vice captain Yuvraj Singh and all other team members have been accused of desecrating the national flag during the team's Twenty20 win against Pakistan in South Africa.

According to the petitioner Rahul Pandey, a local lawyer, "Dhoni and several other players not only wrapped themselves in the tricolour, but also rolled on the ground. This was followed by spraying of champagne that fell on the flag." He views the entire act as an "insult" to the flag.

Board of Control for Cricket in India (BCCI) secretary Niranjan Shah, cine star Shah Rukh Khan and commentator Ravi Shastri have been named as "witnesses" in the plaint, as the euphoric revelling took place in their presence.

The petitioner's counsel Vijay Bakshi told IANS over telephone from Kanpur: "We have cited sufficient evidence in the form of television, magazine and newspaper clippings."

He went on to add, "What we found even more shocking was the fact that despite showing disrespect to the national flag, these players were felicitated and showered with gifts and monetary awards, when they actually deserved punishment for their act."

Judges should learn to refuse adjournment pleas: Venugopal

New Delhi, Oct 20 (IANS) Judges need to be trained to dismiss adjournment pleas from senior lawyers in order to ensure speedy adjudication of criminal and civil cases as well as for faster out-of-court arbitration, noted jurist K.K. Venugopal said here.

Speaking at a closed-door session of an international seminar on arbitration in the capital Friday, Venugopal underlined the tardiness of the arbitration process in the country, saying: "First it takes about five years in reaching a decision over a dispute through an arbitration process.

"And then it's another five years of chasing the case through the three-tier judicial layers of various courts in implementing the decisions arrived at after the arbitration."

Venugopal's critical appraisal of arbitration law and procedures in India came in the same seminar where Law Minister H.R. Bhardwaj expressed a wish to see India emerge as an international arbitration hub.

Bhardwaj said: "It is my dream that India should emerge as a hub of international arbitration."

Venugopal said: "In 1996, when the arbitration law was enacted, with backlog of cases hovering at 36 million in trial courts, four million in various high courts and at 30,000 in the Supreme Court, the law was expected to be a panacea for the huge pendancy of cases in the judiciary.

"But the arbitration process too with all its attendant delays and tardiness has become a clone of the justice delivery system of India."

Enumerating the steps required for enhancing the efficacy of the arbitration process, Venugopal said: "To begin with, the judges involved in the arbitration process should be trained (on) how to refuse senior counsels' plea for adjournments on flimsy grounds.

"In fact, if judges learn how to say no to pleas for adjournments, it would be helpful in faster disposal of ordinary court cases as well."

Pointing out the tendency of retired judges to be over-dependent upon legal procedures in deciding the arbitration cases referred to them, Venugopal said: "The National Judicial Academy of Bhopal should also train them to be not over-dependent upon the judicial procedure in arbitration matters."

The jurist said the arbitration law should be amended in such a way that a retired judge, who fails to finalise an arbitration process within one year and seeks to approach the court for extension of his tenure as arbitrator, should be made to tell the court the reasons for his failure, including adjournments, the grounds of adjournment and also the fee that he has received for his service.

Citing another lacuna in the arbitration process, Venugopal said Indian lawyers are accustomed to arbitration only as a part-time profession during the evenings after their engagement with regular courts are over. This tendency must go for India to emerge as a hub of international arbitration, he stressed.

Venugopal made his observations to a distinguished gathering of international legal luminaries at the seminar titled 'International Judicial Colloquium on Arbitration and Courts' Harmony Amid Disharmony'.

Over 500 participants from 22 countries as well as at least 60 serving judges of the apex court and high courts in the country are attending the two-day conference.

Legal luminaries attending the conference include Justice Ashok Bhan and Justice Arijit Pasayat of the Supreme Court, former chief justice R.C. Lahoti and eminent jurist Fali S. Nariman, International Federation of Commercial Arbitration Institutions (IFCAI) president Ulf Franke and London's Essex Court's Chamber's Toby Landau.

Indian Council of Arbitration (ICA) and Federation of Indian Chambers of Commerce and Industry (Ficci) and International Federation of Commercial Arbitration Institutions (IFCAI) are hosting the seminar jointly.`

10 Delhi cops held guilty for Connaught Place shootout

New Delhi, Oct 16 (IANS) A Delhi court Tuesday convicted 10 Delhi Police personnel, including an assistant commissioner of police (ACP), for gunning down two businessmen in the capital's business district Connaught Place in 1997 after suspecting them to be dangerous criminals.

While holding the now suspended ACP Satyaveer Singh Rathee and his nine-member team guilty of killing businessmen Pradeep Goel and Jagjeet Singh in broad daylight outside Statesman House, Additional Sessions Judge Vinod Kumar fixed Oct 24 for announcing the quantum of sentence.

"You all have been found guilty" of the charges of murder, attempt to murder and destruction of evidence, said the judge, delivering his verdict in the case exactly 10 years, six months and 15 days after that fateful March 31, 1997 when the two men were mistaken for mobster Mohammed Yaseen.

All 10 policemen were taken into custody after the judgment was pronounced.

The court also found Delhi Police's ballistic expert Roop Singh guilty of fabricating evidence and issued notice to him to appear before the court Oct 22.

Roop Singh had earlier been found guilty of fabricating ballistic evidence in the murder of ramp model Jessica Lal in 1999 by the Delhi High Court.

Besides ACP Rathee, the others convicted Tuesday include inspectors Anil Kumar and Ashok Rana and policemen Shiv Kumar, Tejpal Singh, Mahaveer Singh, Sumer Singh, Subhash Chand, Sunil Kumar and Khetan Ram.

The trigger-happy police team had opened fire on Goel's car, killing two of its occupants and severely injuring a third one, Tarun Preet Singh, mistaking them for the wanted mobster and his friends.

The team had been tailing the car from the Minto Road underpass, also in the heart of the city, and intercepted it near Statesman House.

ACP Rathee claimed later that he had learnt that the mobster and his associates would be travelling in a blue colour Maruti Esteem car. The car carrying the innocent businessmen fitted that description.

The policemen said they opened fire because those inside the car failed to obey the police command to come out of the car immediately.

The case was later probed by the Central Bureau of Investigation (CBI), which found the police team not merely guilty of killing the two innocent people but also of fabricating evidence to prove their innocence.

They were found to have planted a pistol on the businessmen's bodies to prove their claim that they opened fire in self-defence.

Remove illegal constructions in politicians' bungalows: Delhi High Court

New Delhi, Oct 10 (IANS) The Delhi High Court Wednesday directed the Centre to remove illegal constructions in the bungalows allotted to bureaucrats and politicians, including 55 MPs, in Lutyen's Delhi.

In a report submitted to a division bench headed by Chief Justice M.K. Sharma, the Central Public Works Department (CPWD) said illegal constructions were carried out in the bungalows of many politicians, including Bharatiya Janata Party (BJP) leader L.K. Advani, former Congress leader Natwar Singh, and Samajwadi Party's Amar Singh.

Despite repeated notices, the leaders have not demolished the unauthorised portions, the government lawyer said. The court pulled up the government for showing leniency towards politicians and bureaucrats while it had pulled down several private houses and buildings.

"It is good that unauthorised constructions in private houses are demolished, the authorities should show the same intention in the case of these official bungalows occupied by political leaders," the court observed.

The court has been issuing instructions to authorities in the urban development ministry for the past three years for removing illegal constructions.

"Either you (the Centre) do it yourself or we will see to it that the law is enforced," the chief justice had earlier said. "You may be a member of parliament or a minister but you cannot break the law. Even I can't do it," he had said.

Amicus Curiae Rekha Pallai pointed out that of 514 bungalows surveyed by CPWD, 231 were found to have illegal additions/alterations. There are still 55 houses where unauthorised constructions have not been removed.

Taking suo motu cognisance of news reports on illegal constructions in the Lutyens' Zone, the court had in September 2006 issued notices to CPWD over the matter.

Supreme Court wants scavenging ban implemented

New Delhi, Oct 5 (IANS) The Supreme Court Friday asked the central and state governments to implement the provisions of a law aimed at ending the profession of manual scavenging in the country and rehabilitate those engaged in the demeaning task.

A bench of justices H.K. Sema and L.S. Panta asked the governments to notify district magistrates and sub-divisional magistrates to implement within two months the provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.

The law treats employment of people as manual scavengers and construction of dry latrines as criminal offence and has made it mandatory for the government to rehabilitate manual scavengers after weaning them away from the profession.

The law also binds governments to demolish dry latrines in the country.

The bench issued the directions while adjudicating a bunch of petitions by NGO Safai Karamchari Andolan (Sweeper's Movement) and 13 other organisations and individuals urging abolition of manual scavenging and rehabilitation of over 676,000 people engaged in it.

The bench also assured the petitioners that it would take a hard look at the large-scale employment of scavengers by the Indian Railways to clear the railway tracks of human waste.

The bench made the promise after counsel for the petitioners Shomona Khanna pointed out that the Ministry of Railways was the worst violator of the act, as it engages labourers for manual scavenging on the railway tracks.

The petition sought a declaration that manual scavenging and servicing dry latrines violated the fundamental rights, as per Article 14 (equality before law), Article 17 (abolition of untouchability) and Article 23 (right against exploitation) of the Constitution.

Khanna told the court that as per official statistics of the Ministry of Social Justice and Empowerment, there were still as many as 676,000 manual scavengers spread over 21 states and union territories of the country, though the law to abolish manual scavenging had been passed in 1993.

Khanna told the court that states like Uttar Pradesh and Rajasthan were yet to adopt the law, while some like Kerala, Nagaland and Puducherry asserted that there was no need to adopt it despite figures showing that manual scavenging existed there.

Delhi High Court orders sessions judge back to law school

New Delhi, Oct 5 (IANS) Irked over a wrong judgement given by a sessions judge, the Delhi High Court Friday directed him to undergo training for three months at the Delhi Judicial Academy to gain basic knowledge of law and its procedures.

The judge had ordered the arrest of a person whose tenant had been charged with theft of power.

Justice V.B. Gupta of the Delhi High Court said: "Since Mr. R.K. Tewari, Additional Session Judge, does not have even elementary knowledge of the Code of Criminal Procedure (CrPC), under these circumstances, it would be appropriate if he undergoes a refresher course at the Delhi Judicial Academy in criminal law and procedure for three months.

"Director, Delhi Judicial Academy, should submit to this court the performance report with regard to this judicial officer," said Justice Gupta's order, which will be given to all subordinate court judges for reference.

Justice Gupta said: "The observations made by the subordinate judge in his order dated Sep 19, 2007, are per se disobedience of the order passed by the high court and amounts to contempt of court."

He said that despite the restraint and pendency of bail on accused Rohit Kumar before the high court, the trial court issued a warrant of arrest under section 82 of the CrPC (meant for absconders) and got him arrested.

"There must be a report before the magistrate that the person against whom he had issued a warrant had absconded or had been concealing himself so that such warrant can be issued. An attachment warrant can be issued only after the issuance of proclamation under Section 82 of the CrPC," the court said.

According to the petition, Rohit Kumar has a house and had rented it out to one Dubey. As the house did not have power connection Dubey was illegally using power through a cable connected to the electric pole.

He was caught and booked for theft of power. However, when the case came up before the court headed by R.K. Tewari, the private power supplier pleaded for proceeding against Rohit Kumar as he was the owner of the house.

He was arrested though he should not have been proceeded against under the Sections 82 and 83 of the CrPC which is for absconders, said Advocate Tanvir Ahmed Mir, appearing for Rohit.

Rohit had challenged in the high court the Sep 19 order of the trial court, and had applied for bail. But despite it the trial ordered his arrest.

Legal Experts - Death for former MP isn't effective justice

New Delhi, Oct 4 (IANS) India's first death penalty to a former MP and a former minister is just "symbolic deterrence" for criminals in politics as it isn't a case of effective justice, coming as it does 13 years after the murder and will take another five years to reach the higher courts, say experts.

A Patna court Wednesday sentenced to death former Lok Sabha MP and Janata Dal-United (JD-U) leader Anand Mohan Singh, former state minister Akhlaq Ahmad of the Rashtriya Janata Dal (RJD) and politician Arun Kumar for the 1994 lynching of Gopalgang district magistrate G. Krishnaiah.

The order, which also gave life imprisonment to four politicians, including former Lok Sabha MP and Anand Mohan's wife Lovely Anand, raised hopes in some circles that it would send out a message to other criminal politicians.

But electoral law experts don't seem to share the optimism.

"This ruling will fail to curb whole-hog criminalisation of today's politics simply because the ruling lacks the requisite ingredients - certainty, swiftness and harshness - which makes the punishment effective in criminal justice system," said former Lok Sabha secretary general Subhash C. Kashyap.

"It's only an individual case and will have only symbolic effect in ridding the body polity of criminal elements," Kashyap told IANS.

He said the sentence by Additional District and Sessions Judge Ramshreshta Rai lacked "requisite certainty" as those convicted were sure to appeal, first before the high court and then before the Supreme Court. And whether they face the hangman's noose eventually depends upon the rulings by the higher court.

Former principal secretary to the Election Commission S.K. Mendiratta agreed: "The murder case is already more than 13 years old. The high courts and the apex court subsequently will take at least another five years to arrive at their final decision.

"Evidently, the long-drawn process of trial deprives the punishment of its another ingredient - swiftness - to make it effective."

Rajya Sabha MPs like eminent jurist Ram Jethmalani and former Maharashtra governor P.C. Alexander have made the point in debates in the upper house that "punishment must be certain, swift and harsh" for the criminal justice system to be effective in deterring criminals from entering into politics.

Kashyap and Mendiratta felt that unless the government amends the prevailing electoral law and bars people with dubious criminal antecedents from contesting elections, irrespective of whether they have been convicted by a court, the body polity cannot be cleansed of criminal elements.

Recalling a recommendation by a national commission to review the working of the constitution, headed by former chief justice M.N. Venkatachallaih, the two experts said the government must change the law to bar a person, held guilty in a court's preliminary opinion at the stage of framing of charges, from entering the electoral fray.

The framing of charges by a court happens to be a mid-way stage of trial in a criminal case.

Protestors to pay for damage: Orissa High Court

Bhubaneswar, Oct 4 (IANS) Protestors have to pay for the damage they cause to private and public property, the Orissa High Court has said in a judgement.

A division bench of the high court at Cuttack, 26 km from here, gave the judgement Wednesday in response to a public interest petition filed by Chambara Soy, a resident of Gobarghati village in the coastal district of Jajpur, his lawyer Arupananda Das told IANS.

Soy in his petition had alleged that his son was seriously ill and had died subsequently as they could not take him to hospital because of a road blockade by protestors at the Kalinga Nagar industrial complex in the district.

Over 500 people had clashed with police at the industrial complex, 120 km from here, to protest the building of a boundary wall by Tata Steel on Jan 2 last year. Thirteen demonstrators and a policeman were killed in the violence.

Since then, the protestors had blocked the Daitari-Paradip highway. While hearing Soy's petition, the Orissa High Court in an interim order had directed the state government early this year to end the road blockade by March 9.

Now the division bench comprising justices B.P. Das and M.M Das Wednesday directed the state government to give Soy a compensation of Rs.100,000 and ordered the government to make legal provisions to recover the cost of the damage from the people who staged the road blockade, Arupananda Das said.

Expressing concern over the rising frequency of agitations and road blockades in the state, particularly by students, the judges also said that the state government should amend the Orissa Education Act to make the students accountable for the damage, the lawyer said.

The court asked the state government to issue instructions to schools and colleges to obtain undertakings from parents or guardians that they would pay for the loss caused by their children if they indulge in such activities, according to Das.

Supreme Court orders deportation of 13 Pakistani prisoners

New Delhi, Sep 28 (IANS) The Supreme Court Friday ordered the deportation of 13 Pakistanis languishing in several Indian jails for periods exceeding their sentences for various offences they had been charged with.

While examining the cases of 52 Pakistani nationals detained in various Indian jails, a bench of Justice B.N. Agarwal and Justice P.P. Naolekar ordered the Jammu and Kashmir chief secretary to recommend to the centre to deport nine Pakistani prisoners by Oct 10 and four others by Oct 31.

The bench issued the direction in response to a petition by Jammu and Kashmir Panthers' Party president Bhim Singh, alleging that as many as 52 Pakistanis were detained in various jails - some without trial and others for periods exceeding their possible sentences for the offences they had been charged with.

While the state government told the court that it had already sent to the centre its recommendation to deport nine prisoners, the central government denied receiving any such recommendation.

On being quizzed by the bench, the Jammu and Kashmir government was unable to substantiate its claim with valid documents that it indeed had sent its recommendation.

Upset over the state government's casual approach, the bench sternly ordered the state chief secretary to make his recommendation to the Centre by Oct 10. It also ordered that the state send by Oct 31 its recommendation to the Centre to deport another four Pakistani prisoners, who have been languishing in various jails for between two to twelve years after completing their sentences.

After examining the cases of 13 Pakistani prisoners, the bench adjourned the matter for further hearing on Oct 8.

CBI raids publisher of book on RAW

New Delhi, Sep 22 (IANS) A day after searching the residence of Maj. Gen. (Retd) V.K. Singh, a former official of the country's external intelligence agency Research and Analysis Wing (RAW), the Central Bureau of Investigation (CBI) Saturday raided the publishers of his book revealing RAW's functioning.

"We are conducting raids on Manas Publications in Daryaganj area (central Delhi), which published Singh's book - 'India's External Intelligence - Secrets of RAW'," a CBI spokesman told IANS. Singh had revealed the working of the RAW and also questioned the leadership and accountability of the agency in his book.

Late Friday, CBI sleuths had swooped down on Singh's Palam Vihar residence in Gurgaon and seized his computer, diaries and passport after registering a case under the Official Secrets Act for the details revealed in his book.

Singh, a former army officer who worked with RAW between 2000-04, was also questioned for hours at his residence.

Sources said Singh was booked under the Official Secrets Act, following advice by the Cabinet Secretariat.

In his book, he had questioned the erstwhile Vajpayee government's decision to hand over the transcript of the telephonic conversation between Pervez Musharraf and his chief of staff, Lt. Gen. Mohammed Aziz, to then Pakistan prime minister Nawaz Sharif in June 1999.

After the tapes were made public, the Pakistani establishment got wind of the technology being used by the Indian intelligence to tap their internal communication and in no time the leak was plugged, eventually leading to information drying up, said Maj. Gen. Singh in his book.

In his book, Singh also wrote of the communication systems procured by the Special Protection Group for the prime minister from an American firm in 2001 and how the RAW leadership failed to carry out due diligence.

Singh also questioned the lack of parliamentary control over RAW's functioning and its financial autonomy.

US says no banned list of Indians for visas

Washington, Sep 22 (IANS) The United States says there is no banned list of Indians for US visas but those coming to "engage in scientific or technological activity" from any part of the world may require "additional screening".

A state department official declined comment on Indian media reports that M.R. Srinivasan, a member of India's Atomic Energy Commission, and R Chidambaram, the principal scientific adviser to the prime minister, have faced problems in getting a US visaas due to continuing American sanctions against India for its 1998 nuclear tests.

"We don't comment on individual cases. They are confidential," Jennifer Viau, a spokesman for the department's South and Central Asian Affairs Bureau, said Friday.

However, "Under immigration policy travellers coming to the US to engage in certain scientific or technological activities require additional screening before being issued a visa," she said.

"This policy applies to applicants of all nationalities if they are travelling to the US to engage in certain scientific or technological activities," Viau added suggesting that it was not an India specific procedure.

Denying that Srinivasan and Chidambaram figured on a banned list of scientists for US visas as part of continuing American sanctions against India for its 1998 nuclear tests, she said, "We adjudicate visa cases only after an application is submitted. There is no banned list of Indians for US visas."

A report in The Telegraph had said that Srinivasan could not chair a scheduled meeting in Washington last week focussing on the India-US nuclear deal because the American embassy in New Delhi could not issue him a visa in time to travel to the US.

Similarly R Chidambaram, the principal scientific adviser to the prime minister, may face visa problems for coming to Washington for a meeting next week as he was on a banned list of Indians for US visas for an extended period for his direct role in the Pokhran tests in 1998, the report suggested.

In fiscal year 2006 ended Sep 30, 2006 as many as 437, 687 non-immigrant US visas were issued to Indian nationals. This is an increase over 378,039 visas issued in fiscal 2005, Viau said but was not aware of how many Indians were denied a visa.

US Assistant Secretary of State for South and Central Asia Richard Boucher has said that American diplomatic missions in India had "processed" a record 600,000 visas by August end this year.

Bush signs '9/11 law'

Washington, Aug 4 (Xinhua) US President George W. Bush has signed a bill to implement unfulfilled recommendations made by the panel set up to investigate the 9/11 terror attacks.

This legislation, dubbed as "9/11 law," requires mandatory screening of incoming freight shipments with a three-year deadline for air cargo and five years for sea.

It also increases federal aid for areas believed to be at the greatest risk of terrorist attack.

The bill "builds upon the considerable progress we have made in strengthening our defenses and protecting Americans since the attacks of Sep 11, 2001," Bush said at the signing ceremony Friday.

He also seized the opportunity to urge the Congress to act soon on changes to the Foreign Intelligence Surveillance Act, which dates from the 1970s, predating cell phones and the Internet.

The measure is aimed to implement unfulfilled recommendations that the independent 9/11 Commission made three years ago in the wake of the terror attacks in 2001. It was passed the House and the Senate last week.

In 2004, the independent 9/11 Commission issued 41 recommendations covering domestic security, intelligence gathering and foreign policy.

Some of them have been implemented, including the creation of a director of national intelligence, tightening land border screening and cracking down on terror financing.

Xinhua

Kafeel dead, parents shut themselves away

Bangalore, Aug 3 (IANS) The aged doctor parents of British terror plot suspect Kafeel Ahmed shut themselves away from the outside world Friday as news reached that he had died of burns sustained in the horrific incident.

For Maqbool Ahmed and Zakhia Ahmed, the death may have compounded a traumatic dilemma - was he really their 27-year-old son?

Soon after it was known that the man who drove a gasoline filled jeep into Glasgow airport terminal June 30 and suffered 90 percent burns in the incident, the couple denied that he was their elder son Kafeel.

A few days later, Bangalore police quoted Zakhia as saying that from the TV grab it appeared that the injured man was indeed their son Kafeel.

Since then the couple and their daughter Sadia Kauser have not stirred out of their house in the upmarket Banashankari area in the city.

For the last three weeks or so, only their lawyer B.T. Venkatesh has been talking on their behalf. On Friday he told reporters that he could not offer any comment unless British authorities officially confirmed the news to him or his counterpart in Britain.

Kafeel's younger brother Sabeel, a doctor from Bangalore, who was working in a Liverpool hospital, has been detained and charged with having information about the terror plot and not informing the authorities about it.

There have been reports that the British authorities had conducted a DNA test of Kafeel and Sabeel to establish the identity of the former. There is no official word from the British on these reports so far.

The Bangalore police, who are going through material contained in a computer hard disc and CDs seized from his house in Banashankari to learn about Kafeel's possible links with extremist groups when he was here, declined to comment on whether his death will affect their probe.

"Our investigation will continue as our effort is to find out whether he was part of a sleeper cell of extremist groups or had helped establish such cells in the city," a senior police official involved in the probe said.

Information gathered so far from the hard disc and the CDs show that he was deeply interested in 'jehad' literature and the plight of the Muslims in Iraq, Afghanistan and Chechnya, the officer said.

Kafeel did his mechanical engineering from a college in Davangere, about 250 km from Bangalore, and went to Britain for his PhD in aeronautical engineering.

Though described by his teachers and classmates at the Davangere college as intelligent, studious and reserved, Kafeel's actions have been controversial as he provided incorrect or false information during admission to the college.

For instance, in the column on religion he had mentioned "Hindu". This was noticed by the college authorities when the media started digging information on him following the Glasgow terror bid.

Kafeel and Sabeel were born in Saudi Arabia where their parents worked for a few years. The doctor couple now lead a retired life after closing down a nursing home they ran for several years.

Maqbool Ahmed was an active member of the Jammat-e-Islami group in Bangalore.